A defendant recently learned the hard way that Protection from Abuse orders (PFAs) apply even when you're in jail awaiting trial. (And also that phone calls made from jail are recorded and can result in you getting into even more trouble.)
Double Trouble for a Defendant in Wilkes-Barre
It all began when a PFA order was issued against a man from Wilkes-Barre, who then reportedly confronted the woman who had requested the order and threatened her with a firearm. He was later arrested and charged with a number of offenses, including illegal possession of a firearm and making terroristic threats against the woman. According to reports, after he was arrested and jailed at the Luzerne County Correctional Facility, he made more threats against the woman during phone calls from jail (which, as is standard practice, were recorded). As a result, he was also charged with intimidation of a victim or witness.
Don't Ignore Protection From Abuse Orders
If you're ever served with a PFA, take it seriously and make sure you understand what it prevents you from doing. The purpose of a PFA is to do exactly what its name suggests: prevent someone from being abused, which the law defines as including various types of bodily harm, non-consensual sexual acts, and stalking, among other things. In order to prevent abuse, a PFA may restrict you from continuing to live in your home and can even restrict you from retrieving your own clothes, electronics, tools, and the like.
You absolutely do not want to ignore the PFA, whether by threatening the person it is protecting (as the defendant reportedly did in this case) or by going back to your home even one time to get some of your own stuff. Violation of a PFA is punishable as criminal contempt, and because of the sensitive nature of these orders, it's quite possible you'll find yourself burdened with an even stricter order – or possibly in jail – if you aren't careful about following the PFA's requirements.
Get Legal Advice If You Have Received a PFA
Experienced criminal defense attorneys like the LLF Law Firm can help you understand what you can and cannot do under the terms of a PFA you've been served with. In addition, if you need access to belongings or other adjustments to the PFA for other reasons, a skilled attorney can ask the judge to modify the PFA accordingly, keeping in mind, of course, the continued protection of the person who requested the order. It's far better to raise these kinds of issues with the judge ahead of time than to ignore the PFA and hope you don't get caught.
The LLF Law Firm Can Help
If you are facing either a PFA hearing or have been served with a PFA order, you need the help of knowledgeable and skilled attorneys at the LLF Law Firm to help protect your rights. A PFA order can drastically change your life, and while in some cases a PFA order may be justified, in other cases, PFA hearings and orders are used unfairly as weapons in civil divorce or custody proceedings. Call the LLF Law Firm today at 888-535-3686 or reach out to us via our online form to learn more. We are here to listen and help.
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